Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Notices 54977 

1See Notice of Preliminary Results of New 

Shipper Review of the Antidumping Duty Order on 

Certain Frozen Warmwater Shrimp from Ecuador, 

71 FR 34888 (June 16, 2006) (Preliminary Results). 

2 ‘‘Tails’’ in this context menas the tail fan, which 

includes the telson and the uropods. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–331–802] 

Notice of Final Results of New Shipper 

Review of the Antidumping Duty Order 

on Certain Frozen Warmwater Shrimp 

From Ecuador 

AGENCY: Import Administration, 

International Trade Administration, 

U.S. Department of Commerce. 

SUMMARY: On April 26, 2006, the 

Department of Commerce (the 

Department) published the preliminary 

results of its new shipper review of the 

antidumping duty order on certain 

frozen warmwater shrimp from Ecuador. 

The review covers the entries of 

Studmark, S.A. (Studmark) for the 

period of review (POR) August 4, 2004, 

through July 31, 2005. Based on the 

Department’s analysis of the issues, 

these final results have changed from 

the preliminary results. The final results 

are listed in the section below entitled 

‘‘Final Results of Review.’’

DATES: Effective Date: September 20, 

2006. 

FOR FURTHER INFORMATION CONTACT: 

David J. Goldberger or Gemal Brangman, 

AD/CVD Operations, Office 2, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–4136 or (202) 482–

3773, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 16, 2006, the Department 

published in the Federal Register the 

preliminary results of this new shipper 

review and invited interested parties to 

comment on those results.1 The 

Department received a request for a 

hearing and a case brief from Studmark 

on July 12 and July 31, 2006, 

respectively. A public hearing was held 

on August 16, 2006. 

Scope of the Order 

The scope of this order includes 

certain warmwater shrimp and prawns, 

whether frozen, wild-caught (ocean 

harvested) or farm-raised (produced by 

aquaculture), head-on or head-off, shellon or peeled, tail-on or tail-off,2

deveined or not deveined, cooked or 

raw, or otherwise processed in frozen 

form. 

The frozen warmwater shrimp and 

prawn products included in the scope of 

this order, regardless of definitions in 

the Harmonized Tariff Schedule of the 

United States (HTS), are products which 

are processed from warmwater shrimp 

and prawns through freezing and which 

are sold in any count size. 

The products described above may be 

processed from any species of 

warmwater shrimp and prawns. 

Warmwater shrimp and prawns are 

generally classified in, but are not 

limited to, the Penaeidae family. Some 

examples of the farmed and wild-caught 

warmwater species include, but are not 

limited to, whiteleg shrimp (Penaeus 

vannemei), banana prawn (Penaeus 

merguiensis), fleshy prawn (Penaeus 

chinensis), giant river prawn 

(Macrobrachium rosenbergii), giant tiger 

prawn (Penaeus monodon), redspotted 

shrimp (Penaeus brasiliensis), southern 

brown shrimp (Penaeus subtilis), 

southern pink shrimp (Penaeus 

notialis), southern rough shrimp 

(Trachypenaeus curvirostris), southern 

white shrimp (Penaeus schmitti), blue 

shrimp (Penaeus stylirostris), western 

white shrimp (Penaeus occidentalis), 

and Indian white prawn (Penaeus 

indicus). 

Frozen shrimp and prawns that are 

packed with marinade, spices or sauce 

are included in the scope of this order. 

In addition, food preparations, which 

are not ‘‘prepared meals,’’ that contain 

more than 20 percent by weight of 

shrimp or prawn are also included in 

the scope of this order. 

Excluded from the scope are: (1) 

Breaded shrimp and prawns (HTS 

subheading 1605.20.10.20); (2) shrimp 

and prawns generally classified in the 

Pandalidae family and commonly 

referred to as coldwater shrimp, in any 

state of processing; (3) fresh shrimp and 

prawns whether shell-on or peeled (HTS 

subheading 0306.23.00.20 and 

0306.23.00.40); (4) shrimp and prawns 

in prepared meals (HTS subheading 

1605.20.05.10); (5) dried shrimp and 

prawns; (6) canned warmwater shrimp 

and prawns (HTS subheading 

1605.20.10.40); (7) certain dusted 

shrimp; and (8) certain battered shrimp. 

Dusted shrimp is a shrimp-based 

product: (1) That is produced from fresh 

(or thawed-from-frozen) and peeled 

shrimp; (2) to which a ‘‘dusting’’ layer 

of rice or wheat flour of at least 95 

percent purity has been applied; (3) 

with the entire surface of the shrimp 

flesh thoroughly and evenly coated with 

the flour; (4) with the non-shrimp 

content of the end product constituting 

between four and 10 percent of the 

product’s total weight after being 

dusted, but prior to being frozen; and (5) 

that is subjected to individually quick 

frozen (IQF) freezing immediately after 

application of the dusting layer. 

Battered shrimp is a shrimp-based 

product that, when dusted in 

accordance with the definition of 

dusting above, is coated with a wet 

viscous layer containing egg and/or 

milk, and par-fried. 

The products covered by this order 

are currently classifiable under the 

following HTS subheadings: 

0306.13.00.03, 0306.13.00.06, 

0306.13.00.09, 0306.13.00.12, 

0306.13.00.15, 0306.13.00.18, 

0306.13.00.21, 0306.13.00.24, 

0306.13.00.27, 0306.13.00.40, 

1605.20.10.10, and 1605.20.10.30. These 

HTS subheadings are provided for 

convenience and for customs purposes 

only and are not dispositive, but rather 

the written description of the scope of 

this order is dispositive. 

Analysis of Comments Received 

All issues raised in the case brief by 

Studmark are addressed in the ‘‘Issues 

and Decision Memorandum for the 

Final Results of the New Shipper 

Review of the Antidumping Duty Order 

on Certain Frozen Warmwater Shrimp 

from Ecuador’’ from Stephen J. Claeys, 

Deputy Assistant Secretary for Import 

Administration, to David M. Spooner, 

Assistant Secretary for Import 

Administration (Decision 

Memorandum), dated concurrently with 

and is hereby adopted by this notice. 

A list of the issues which Studmark 

raised and to which we have responded, 

all of which are addressed in the 

Decision Memorandum, is attached to 

this notice as an Appendix. Parties can 

find a complete discussion of all issues 

raised in this review and the 

corresponding recommendations in the 

Decision Memorandum, which is on file 

in the Central Records Unit, room B–099 

of the main Department of Commerce 

building. 

In addition, a complete version of the 

Decision Memorandum can be accessed 

directly on the Internet at http:// 

ia.ita.doc.gov/frn. The paper copy and 

electronic version of the Decision 

Memorandum are identical in content. 

Fair Value Comparisons 

We calculated export price (EP) and 

normal value based on the same 

methodology used in the preliminary 

results, except as follows: 

We made no adjustment to EP for 

foreign inland freight expense instead of 

making such an adjustment based on the 

facts otherwise available as we did in 

the preliminary results. 


jlentini on PROD1PC65 with NOTICES
54978 Federal Register / Vol. 71, No. 182 / Wednesday, September 20, 2006 / Notices 

Final Results of Review 

As a result of our review, we 

determine that the following weightedaverage percentage margin exists for the 

period August 4, 2004, through July 31, 

2005: 

Manufacturer/exporter Margin 

(percent) 

Studmark, S.A. ........................... 9.20 

Assessment 

The Department shall determine, and 

the U.S. Customs and Border Protection 

(CBP) shall assess, antidumping duties 

on all appropriate entries. In accordance 

with section 351.212(b)(1) of the 

Department’s regulations, we have 

calculated importer-specific assessment 

rates by dividing the dumping margin 

found on the subject merchandise 

examined by the entered value of such 

merchandise. Where the importerspecific assessment rate is above de 

minimis we will instruct CBP to assess 

antidumping duties on that importer’s 

entries of subject merchandise. The 

Department will issue appropriate 

assessment instructions directly to CBP 

within 15 days of publication of these 

final results of review. 

Cash Deposit Requirements 

The following cash deposit rates shall 

be required for merchandise subject to 

the order entered, or withdrawn from 

warehouse, for consumption on or after 

the publication date of these final 

results for this new shipper review, as 

provided for by section 751(a)(1) and 

751(a)(2)(C) of the Tariff Act of 1930, as 

amended (the Act): (1) The cash deposit 

rate for Studmark (i.e., for subject 

merchandise both manufactured and 

exported by Studmark) will be 9.20 

percent; (2) the cash deposit rate for 

exporters who received a rate in a prior 

segment of the proceeding will continue 

to be the rate assigned in that segment 

of the proceeding; (3) the cash deposit 

rate for entries of subject merchandise 

exported by Studmark but not 

manufactured by Studmark will 

continue to be the ‘‘All Others’’ rate (i.e., 

3.58 percent) or the rate applicable to 

the manufacturer, if so established; and 

(4) if neither the exporter nor the 

producer is a firm covered in this 

review or a prior segment of the 

proceeding, the cash deposit rate will be 

3.58 percent, the ‘‘All Others’’ rate 

established in the LTFV investigation. 

These deposit requirements shall 

remain in effect until publication of the 

final results of the next administrative 

review. There are no changes to the 

rates applicable to any other companies 

under this antidumping duty order. 

This notice also serves as a final 

reminder to importers of their 

responsibility under section 351.402(f) 

of the Department’s regulations to file a 

certificate regarding the reimbursement 

of antidumping and countervailing 

duties prior to liquidation of the 

relevant entries during this review 

period. Failure to comply with this 

requirement could result in the 

Secretary’s presumption that 

reimbursement of antidumping and 

countervailing duties occurred, and in 

the subsequent assessment of 

antidumping duties increased by the 

amount of antidumping and/or 

countervailing duties reimbursed. 

This notice also is the only reminder 

to parties subject to administrative 

protective order (APO) of their 

responsibility concerning the return/ 

destruction or conversion to judicial 

protective order of proprietary 

information disclosed under APO in 

accordance with section 351.305(a)(3) of 

the Department’s regulations. Failure to 

comply is a violation of the APO. 

This determination is issued and 

published in accordance with sections 

751(a) and 777(i)(1) of the Act. 

Dated: September 13, 2006. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

Appendix—List of Comments in the 

Issues and Decision Memorandum 

Comment 1: Whether a Particular Market 

Situation Exists In the Home Market 

Comment 2: Application of Facts Otherwise 

Available for Inland Freight Expenses 

Comment 3: Period for Calculating G&A 

Expenses 

[FR Doc. 06–7790 Filed 9–19–06; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE. 

International Trade Administration 

A–570–893 

Certain Frozen Warmwater Shrimp 

from the People’s Republic of China: 

Extension of Time Limit for Final 

Results of the 2004/2005 Antidumping 

Duty New Shipper Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: September 20, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Javier Barrientos, AD/CVD Operations, 

Office 9, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW, 

Washington, DC 20230; telephone: (202) 

482–2243. 

Background 

On June 27, 2006, the Department of 

Commerce (‘‘the Department’’) issued 

the preliminary results of this new 

shipper review. See Certain Frozen 

Warmwater Shrimp from the People’s 

Republic of China: Preliminary Results 

of the Antidumping Duty New Shipper 

Review, 71 FR 38368 (July 6, 2006) 

(‘‘Preliminary Results’’). 

Extension of Time Limits for Final 

Results 

Section 751(a)(2)(B)(iv) of the Tariff 

Act of 1930, as amended (the Act), and 

19 CFR 351.214(i)(1) require the 

Department to issue the preliminary 

results of a new shipper review within 

180 days after the date on which the 

new shipper review was initiated and 

final results of a review within 90 days 

after the date on which the preliminary 

results were issued. The Department 

may, however, extend the deadline for 

completion of the final results of a new 

shipper review to 150 days if it 

determines that the case is 

extraordinarily complicated. See section 

751(a)(2)(B)(iv) of the Act, and 19 CFR 

351.214(i)(2). 

In order to allow parties additional 

time to submit comments regarding the 

Department’s Preliminary Results, the 

Department extended the deadline for 

the submission of case and rebuttal 

briefs by 48 days. As a result of the 

extensions and the extraordinarily 

complicated issues raised in this review 

segment, including surrogate valuation 

and bona fides issues, it is not 

practicable to complete this new 

shipper review within the current time 

limit. Accordingly, the Department is 

extending the time limit for the 

completion of the final results by 60 

days untilNovember 24, 2006, in 

accordance with section 751(a)(2)(B)(iv) 

of the Act and 19 CFR 351.214(i)(2). 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(1) and 777(i)(1) of the Act. 

Dated: September 13, 2006. 

Stephen J. Claeys, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 06–7795 Filed 09–19–06; 8:45 am] 

BILLING CODE 3510–DS–S 


jlentini on PROD1PC65 with NOTICES